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W. CRAWFORD SMITH, INC. v. WATKINS

No. 32769.

425 S.W.2d 276 (1968)

W. CRAWFORD SMITH, INC., d/b/a Smith Funeral Home, Plaintiff-Respondent, v. Lloyd A. WATKINS, James McCauley, Susan McCauley and Wendell Carl Carson, Defendants, Lloyd A. Watkins, Defendant-Appellant, James McCauley, Susan McCauley and Wendell Carl Carson, Defendants-Respondents.

St. Louis Court of Appeals, Missouri.

Rehearing Denied February 20, 1968.

Attorney(s) appearing for the Case

Harold W. Barrick, New London, for defendant-appellant.

Carstarphen, Harvey & Wasinger, Hannibal, for plaintiff-respondent.

BRADY, Commissioner.

The issue in this case is whether there was sufficient evidence upon which the jury could have found a novation releasing the defendant Watkins from liability to plaintiff. The trial court held the evidence was insufficient and directed a verdict in favor of plaintiff against Watkins. It also directed verdicts in favor of the defendants McCauley and sustained a motion to dismiss as to Carson.

Plaintiff brought this action to recover the...

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